ILNews

Opinions Oct. 30, 2013

October 30, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Heather N. Kesling v. Hubler Nissan, Inc.
49S02-1302-CT-89
Civil tort. Holds Kesling’s fraud claim survives summary judgment but her deception claims do not. Advertising a car as “sporty car at a great value price” is not a warranty about the car’s performance or safety characteristics. But stating that a car “would just need a tune-up,” in the face of actual or constructive knowledge that it had far more serious problems, does represent a fact and therefore may be the basis of a fraud claim when a seller gives it as a knowingly incomplete answer to a buyer’s specific question.

Wednesday’s opinions

Indiana Court of Appeals
Eric Danner v. State of Indiana (NFP)
71A03-1304-PC-146
Post conviction. Affirms denial of petition for post-conviction relief.

Delmar P. Kuchaes v. JP Morgan Chase Bank, N.A. (NFP)
53A04-1206-MF-304
Mortgage foreclosure. Grants rehearing after originally dismissing appeal and finds the trial court did not abuse its discretion in denying Kuchaes’ motion to continue; in certain evidentiary rulings; in denying Kuchaes’ motion to amend the pleadings; in denying Kuchaes’ motion to reopen; and in the award of attorneys fees.

Christopher Peelman v. State of Indiana (NFP)
39A01-1301-CR-27
Criminal. Affirms convictions and sentence for Class A felonies dealing in methamphetamine and conspiracy to commit dealing in methamphetamine.

Jose A. Bonilla v. State of Indiana (NFP)
19A01-1303-CR-146
Criminal. Affirms Class C felony child molestation conviction.

Kendrick Atkins v. State of Indiana (NFP)
71A04-1303-CR-135
Criminal. Affirms conviction and sentence for Class B felony attempted robbery.

Marcus Anthony Johnson Revocable Trust and The Marion County Board of Zoning Appeals Division No. 1 v. Westchester Estates Homeowners Association, Inc., et al. (NFP)
49A04-1302-PL-59
Civil plenary. Affirms order granting summary judgment in favor of Westchester Estate Homeowners Association and other appellees and the denial of summary judgment in favor of the trust and board of zoning appeals regarding a zoning variance. 

Lawrence Harris v. State of Indiana (NFP)
49A02-1301-CR-80
Criminal. Affirms revocation of placement in community corrections and commitment to the Indiana Department of Correction to serve the remainder of Harris’ sentence.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

ADVERTISEMENT